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Elkem Metals v. United States, Consol. 01-00098 (2005)

Court: United States Court of International Trade Number: Consol. 01-00098 Visitors: 3
Filed: Oct. 06, 2005
Latest Update: Mar. 26, 2017
Summary: Slip Op. 05 - 134 J U D G M E N T UNITED STATES COURT OF INTERNATIONAL TRADE Thomas J. Aquilino, Jr., Senior Judge - - - - - - - - - - - - - - - - - - - -x ELKEM METALS COMPANY and GLOBE METAL- LURGICAL INC., : Plaintiffs, : Consolidated v. : Court No. 01-00098 UNITED STATES, : Defendant. : - - - - - - - - - - - - - - - - - - - -x The parties having interposed motions pursuant to USCIT Rule 56.2 for judgment upon the record compiled by the Interna- tional Trade Administration, U.S. Department of
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Slip Op. 05 - 134 J U D G M E N T UNITED STATES COURT OF INTERNATIONAL TRADE Thomas J. Aquilino, Jr., Senior Judge - - - - - - - - - - - - - - - - - - - -x ELKEM METALS COMPANY and GLOBE METAL- LURGICAL INC., : Plaintiffs, : Consolidated v. : Court No. 01-00098 UNITED STATES, : Defendant. : - - - - - - - - - - - - - - - - - - - -x The parties having interposed motions pursuant to USCIT Rule 56.2 for judgment upon the record compiled by the Interna- tional Trade Administration, U.S. Department of Commerce ("ITA") sub nom. Silicon Metal From Brazil; Final Results of Antidumping Duty Administrative Review and Determination Not To Revoke in Part, 66 Fed.Reg. 11,256 (Feb. 23, 2001); and the court in slip opinion 04-36, 28 CIT (April 15, 2004), having granted the motion of intervenor-defendant Companhia Brasileira Carbureto de Cálcio ("CBCC") and the motion of Eletrosilex S/A to the extent of remand to the ITA to impute anew (1) CBCC's home-market credit costs and (2) Eletrosilex's margin of dumping for the period of review impli- cated that is in accordance with law and supported by substantial evidence on the record; and the defendant having filed the ITA's Final Results of Redetermination Pursuant to Court Remand (July 14, 2004), stating (1) "CBCC's dumping margin for the period of [re- Consolidated Court No. 01-00098 Page 2 view] is zero percent" and (2) "Eletrosilex's dumping margin for th[at] period . . . is 61.58 percent . . . changed from the rate [93.20%] announced in the . . . final results of the eighth administrative review" at issue herein; and those Final Results of Redetermination having pointed out that Eletrosilex offered no comment to the ITA on its proposed rate change prior to publica- tion; and the court's slip opinion 04-36 having afforded all of the parties an opportunity to comment herein on those ITA Final Results of Redetermination; and no party having done so; and the court having heretofore awaited the opinions in other actions with similar or related issue(s) and then taken them into account; Now therefore, after due deliberation, it is ORDERED, ADJUDGED and DECREED that the ITA's Final Re- sults of Redetermination Pursuant to Court Remand (July 14, 2004) be, and they hereby are, affirmed. Dated: New York, New York October 6, 2005 Thomas J. Aquilino, Jr. Senior Judge
Source:  CourtListener

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